Frequently Asked Questions

Visiting scholars usually come to USD via an invitation/sponsorship extended by a USD faculty, administrator or department. In other words, there must be an outstanding invitation from USD for an individual to join the university as an exchange visitor. OISS usually takes care of the visa paperwork once a department contacts us about bringing in a visiting scholar, and at that moment we begin working with the department in collecting all necessary documents from the invitee.

Experienced professionals in law, government or business interested in the prospect of participating in a program (at least 6 months or more) combining research, presentations and networking opportunities with other professionals in the field, might be interested in the U.S. Law and Policy Program for International Professionals.

Before the proper visa category for an international visitor can be determined, the academic department must first figure out the answers to the following questions:

• What activities will the international visitor be engaging in during his stay?
• Is the international visitor going to be paid/compensated for his activities at the university? If so, how is he going to get paid?
• What is the expected length or duration of the visit?
• If the international visitor will engage in paid activity, what would be the classification of his employment (temporary vs. tenure-track)?

The type of visa used in different categories is closely tied to the circumstances above.

There are 3 visa categories that may be used by an international visitor to conduct official business at the University of San Diego, namely, the J-1, H-1B, and B-1 visas.

Most international visitors will require a J-1 Exchange Visitor visa to teach, conduct research, do a presentation, or participate in a conference.

To determine whether a visitor may be suitable to receive a J-1 Visa, the following must be established:

1. That the visitor will be teaching and/OR conducting research that will take place for a period of MORE THAN NINE (9) days
2. That the visitor possesses adequate English skills
3. That the visitor has credentials available to prove qualifications
4. That the visitor is not subject to any of the J-1 participation bans
5. That the visitor is NOT going to be placed in a tenure track position

The J-1 Exchange Visitor Visa

Visiting scholars that plan to come to USD to teach, lecture, conduct research, observe, consult, train, or demonstrate special skills within the duration of their visit are usually brought in under the J-1 Exchange Visitor Visa. The following criteria are required for a prospective scholar to receive a J-1 eligibility document (form DS-2019):

1. An official invitation from the host department, explicitly stating the scholar’s expected activities while at USD. The letter should also clearly indicate the scholar’s program dates (start date and end date), in which the scholar is expected to perform and complete their expected activities and accomplish their research objectives.
2. Proof of health insurance coverage that meets the Department of State’s standards as applied to J-1 exchange visitors.
   1. Medical benefits of at least $100,000 per accident or illness
   2. Repatriation of remains in the amount of $25,000
   3. Expenses associated with the medical evacuation of the exchange visitor to his or her home country in the amount of $50,000
   4. A deductible not to exceed $500 per accident or illness.
3. A level of English proficiency¹ sufficient to carry out their designated program activities and operate in a primarily English-speaking environment. The following options are available for prospective scholars to demonstrate English proficiency:
4. If scholar is self-funded, they must demonstrate the ability to support their cost of living while physically in the United States² .

Notes:

¹ Acceptable documents for establishing English proficiency:

1. A TOEFL (Test of English as a Foreign Language) or IELTS (International English Language Testing System) report; report must not be older than 2 years
2. A letter from a previous employer or academic institution certifying that the applicant has worked or performed in an English speaking-capacity.
3. The scholar may request the host department to sign a DEPARTMENT ATTESTATION that indicates that the host department has had some experience working with the applicant in the past where they have demonstrated the ability to work or perform in an English-speaking environment without difficulty.

² Cost of living estimates for San Diego:

A self-funded prospective scholar must be able to present evidence of funding equivalent to the total amount listed above, multiplied by the number of months in their program duration. For prospective scholars bringing dependents under their J-1 status, an additional $200/month per dependent must be added to the proof of funding calculation.

³ (1) Apparel and services, (2) Housekeeping supplies, (3) Personal care products and services, (4) Reading, and (5) Miscellaneous. - 2020 Bureau of Labor Statistics Consumer Expenditure Survey.

After the prospective scholar receives their Form DS-2019, Certificate of Eligibility for J-1 Exchange Visitor Visa, they must now apply for a J-1 visa with the U.S. Consulate in their respective city of residence. For current procedures on how to apply for a US visa, please visit the Department of State website.

If the position being offered is a tenure-track faculty and/or a permanent position. The H-1B visa requires Labor Certification. If this is the case, please contact our Human Resources Office.

If a visitor will be at the University rendering service for no more that NINE (9) days, he or she may just come to USD on a B-1 visa, especially if the visitor has already been previously granted an unexpired B-1 visa.

The specific purposes for the B-1 Temporary Business Visitor Visa are as follows:

• Engage in commercial transactions, which do not involved gainful employment in the United States;
• Negotiate contracts;
• Consult with business associates;
• Litigate;
• Participate in scientific, educational, professional, or business conventions, conferences, or seminars; or
• Conduct independent research.

(Source: uscis.gov)

If the visitor has yet to receive a B-1 visitor visa, he or she must provide evidence to the US Consulate that shows the purpose of the trip, an intent to depart the Unites States, and that arrangements have been made to cover the costs of the trip. Persons traveling to the US. on business can present a letter from the US business firm indicating the purpose of the trip, the bearer’s intended length of stay and the firm’s intent to defray travel costs.

Visitors in B-1 status are allowed to receive reimbursements for incidental expenses or per diem related to their B-1 category. The total amount of such payments cannot exceed what is “reasonable” as a business expense.

Visitors in B-1 status may receive “academic honoraria” payments and payments for associated incidental expenses lasting no longer than 9 days at any single institution. There are some types of payment that CANNOT be characterized as “honoraria,” including wages for teaching a course or research.

We have put together a DIAGRAM to simplify the determination for scholar visa type by time and pay. If you have further questions/concerns, please contact OISS.

Upon arriving in the US, all visiting scholars and researchers must report to their host department, and to the International Center, to facilitate the validation of their J-1 record.

Please observe the following protocols:

1. Typically, the program start date on your form DS-2019 represents the date you must report to the university by. If you are unable to arrive in the US by the start date indicated on your form DS-2019, please contact your RO or ARO as soon as possible.
2. You must complete all required pre-arrival and check-in forms on iTorero. Ensuring that you complete this as soon as possible will allow for OISS to validate your J-1 record in a timely manner. In this regard, please be sure to check for reminder emails coming from OISS.
3. Apart from your initial check-in with your host department and/or supervising faculty, the following are a list of offices you will likely need to visit within your first week at USD:
   • OISS - for J-1 validation, travel signature, and brief immigration orientation
   • Human Resources - for paid employees who are required to be processed in Workday
   • Campus Card Services - to obtain your Torero ID (Note: an ID number is required in order to receive a Torero ID card. If you have not received an ID number, please check with your host department. Please be advised that you may only use campus facilities once you receive your Torero ID.)

A J-1 exchange visitor under the short term or research scholar category may apply for a Social Security Number, as employment authorization is incident to status for J-1 scholars. It is advisable to wait between 5-10 days after J-1 record validation before applying for your SSN.

Please keep in mind that the Social Security Number is NOT required for J-1 scholars that are not engaged in paid employment. (In the U.S., though many entities will "ask" for an SSN as a matter of procedure, this is merely a means to check for a person's credit history.)

USD's SHIP does not currently enroll dependents of international students and scholars.

If you are an active J-1 scholar with an unexpired DS-2019 and a valid multiple entry J-1 visa stamp, you may be able to re-enter the U.S. under the J-1 visa status provided that the conditions mentioned are true at the time of re-entry, and you have a valid travel signature on your DS-2019.

Brief travel (30 days or less) to Mexico, Canada, or an adjacent island with an expired J-1 visa stamp may be possible under a provision called Automatic Visa Revalidation, which allows for re-entry to the United States if the individual's J-1 status had not expired (this means your form DS-2019 must be unexpired at the time of re-entry).

If your circumstances do not fall under the scenarios described here, please consult with your OISS adviser before making any travel plans.

It is possible for J-1 exchange visitors under the short term and research scholar categories to engage in such incidental activities provided that permission is sought first from the J-1 sponsoring institution, particularly the hosting department. If there are no objections from the hosting department for the scholar to engage in these occasional activities that are related to their field of expertise, the scholar may seek the endorsement of such activities on their J-1 record by their OISS J-1 adviser. Please consult with your OISS adviser prior to accepting or committing to these types of engagements.

Under specific circumstances, J-1 and J-2 status holders may incur a two-year home physical presence requirement. If subject to the rule, this means that he/she is not eligible to change to H, L or Permanent Residency (PR) classification without first returning to the home country for a total of 2 years. A waiver of this requirement can be applied for and obtained in specific circumstances. If the two-year rule applies, changing status from J to another non-immigrant classification (such as F-1) in the United States is prohibited. The two-year rule does NOT prohibit one from returning to the U.S. in any classification other than H, L, or PR.

Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, Section 212(e). If you are unable to return to your home country to fulfill the two-year requirement, you must obtain a waiver approved by the Department of Homeland Security prior to changing status in the United States or being issued a visa in certain categories for travel to the United States.

For additional information, please visit the State Department residency waiver page.

Please read the following FAQ before filing the waiver.

If you do not know whether the two-year home-country physical presence requirement applies to you, after having reviewed the Eligibility Information webpage, you can request that the Department of State Waiver Review Division conduct an Advisory Opinion. An Advisory Opinion is a review of your exchange visitor program documents to determine if you are subject to this requirement.